Ordinance No. 833t
ORDINANCE NO. 833
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING
ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF
WYE STREET, FROM THE WEST PROPERTY LINE OF NORTH MAIN STREET 1042.68'
TO THE WEST PROPERTY LINE OF THE Y.M.C.A TRACT OF LAND IN THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN
& ROOT, INC., FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE
CONTRACT AND PERFORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF
THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT
OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; ORDERING THAT A
HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROP-
ERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OWNER MATTERS
RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING
AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: The City Council of the City of Baytown hereby finds and determines:
(a) That by ordinance duly adopted and approved on the 25th day of August,
1966, the City of Baytown did determine the necessity for and order
the permanent improvement of the following named streets in the City
of Baytown within the limits defined:
WYE STREET, from the West property line of North Main Street
1042.68' to the West property line of the Y.M.C.A. tract of
land, in the City of Baytown, Texas.
and did by said ordinance order and direct the City Engineer to forth-
with prepare and file with the City Council complete plans and specifi-
cations for such improvements, and that pursuant to such directions
the City Engineer has filed with the City Council plans and specifica-
tions for said improvements, which have been duly approved and adopted
by the City Council; and
(b) That pursuant to direction of said City Council, advertisement for
bids for construction of said improvements, as required by law, was
published, and had, and thereafter, at the appointed time and place
in such advertisement stated, bids were received and opened in public
meeting of said City Council, whereupon the bid of Brown & Root, Inc.
for the construction of said improvements was found and determined to
be the lowest and most advantageous bid for said work and improvements,
and such bid of Brown & Root, Inc. was accepted; and
(c) That said Brown & Root, Inc., has executed a performance bond, together
with a property surety, all pursuant to its bid proposal and in
accordance with the specifications and notice for bids and other pro-
ceedings of the City Council, all in the form and manner as approved
by the City Attorney, and such contract and performance bond has been
presented to and filed with the City Council and it was found that
said contract and performance bond and the surety on said performance
bond are all in due and proper form and acceptable to the City Council;
and such action of said City Council, as so heretofore taken, is in all things
hereby ratified and confirmed.
Section 2: That the City Council of the City of Baytown, Texas, has and does
hereby accept the bid of Brown & Root, Inc. of Baytown, Texas, for the construction
of said improvements for the sum of $31,561.60, and the contract for construction
of said work and improvements for said amount is hereby awarded to the said Brown
& Root, Inc.
Section 3: That Brown & Root, Inc., having heretofore executed and submitted
to the City Council for its approval the written contract and performance bond as
approved by the City Attorney, such contract and bond are hereby approved and
accepted as being in full compliance with all requirements of the law and of the
specifications and bid for said work, and the surety on said performance bond should
be, and the same is hereby approved and accepted as valid and sufficient for the
amount stated therein, and the Mayor and City Clerk of the City of Baytown, Texas,
are hereby authorized, empowered and directed to execute said contract in the name
of said City of Baytown, Texas, attesting the same in proper form with the seal
of the City of Baytown.
Section 4: That there is hereby appropriated the sum of $17,437.86
to pay the City's portion of the cost of said improvements on said streets within
the limits defined, or so much thereof as may be necessary to pay and discharge
the obligations of the City of Baytown on said contract.
Section 5: That the written statement of the Contract Engineer showing the
estimated costs of improvements on said streets having been received and examined
by the City Council, the same is hereby in all things approved and adopted. A
true and correct copy of said written statement of estimates is as follows:
Section 6: A hearing shall be held and given to the real and true owners and
to all owning and claiming any interest in any property abutting upon said streets
within the limits defined, and to all others owning, claiming orinterested in said
property or any of said matters, as to the assessmentsaand as to the amount to be
assessed against each parcel of abutting property and the real and true owners
thereof, and as to the special benefits to said property to be received from said
improvements, or concerning any error, invalidity, irregularity or deficiency in
any proceeding or the contract with reference thereto, or concerning any matter or
thing connected therewith, which hearing shall be held by the City Council of the
City of Baytown, Texas, in its Council Chambers at the City Hall in Baytown, Texas,
at 6 :30 o'clock p.m. on the 27th day of October, 1966, at which time and place all
persons, firms, corporations or estates owning or claiming any such abutting prop-
erty or any interest therein, and their agents or attorneys or persons interested
in said proceedings, shall be notified to appear and to be heard, in person or by
counsel, and may offer evidence; and said hearing may be adjourned from day to day
and from time to time, and kept open until all evidence and protests have been duly
offered and heard; and the City Clerk is hereby directed to give notice of said
hearing by publication or notice in some newspaper of general circulation in the
City of Baytown, said notice to be published at least three times in said newspaper
before the date set for said hearing, the first of which publications shall be at
least ten days prior to the date of said hearing, and such notice by publication
shall be valid and sufficient without any further form or character of notice, as
provided by the provisions of Article 1105 -b of the Revised Civil Statutes of Texas
and amendments thereto.
Effective Date: That this ordinance shall take effect from and after the date
of its passage by a majority of the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by a majority of the City Council of the City of
Baytown on this the 13th day of October, 1966.
Seaborn Cravey, Maya�-i
ATTEST:
Edna Oliver, City Clerk
APPROVED AS TO FORM:
d !mot' A -I A � ! 4
Georg Chandler, City Attorney